Federal Rule of Civil Procedure 12(b)(1)

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Federal Rule of Civil Procedure 12(b)(1)

Post  JoeC (McGruff) on Tue Sep 02, 2008 6:55 pm

United States District Court for the Eastern District of Pennsylvania set precedent on the question of diversity in federal litigation under F.R.C.P.12(b)(1) in an invasion of privacy, and wrongful discharge case,in the Eastern District of Pennsylvania based upon diversity jurisdiction.

http://caselaw.lp.findlaw.com/data2/circs/3rd/071706p.pdf
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Diversity Jurisdiction

Post  Eric on Wed Sep 03, 2008 2:56 am

Joe,

My Civpro books are stored, but I'm pretty sure that this ruling did not break any new ground. In order for a federal court to be able to establish subject matter jurisdiction over a case based on diversity all the parties on both sides of the "v" must be diverse in their domicile.

A federal district court has diversity jurisdiction over a foreign government but not over a citizen of a foreign country.

Like I said. I don't think there is anything ground breaking about that ruling.

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Re: Federal Rule of Civil Procedure 12(b)(1)

Post  JoeC (McGruff) on Wed Sep 03, 2008 3:08 am

Did you click the link? It's stamped PRECEDENTIAL.

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